Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 06/15/2026 have been fully considered but they are not persuasive. Applicant argues (Pages 3-4) prior art of Shimozono fails to teach in any of the examples containing both a 6-membered heteroaryl or a 5-7 membered heterocyclyl for the position corresponding to Ring A and a 5-6 membered heteroaryl, 5-8 membered carbocyclyl, or 5-10 membered heterocyclyl for the position corresponding to R1. Moreover, in each of Shimozono's compounds for which Ring A corresponds to either a 6- membered heteroaryl or a 5-7 membered heterocyclyl, the position corresponding to R1 is a phenyl. Applicants argument is moot to the teaching of Shimozono which falls within the scope of claimed invention additionally as to the examples of Shimozono “disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971)” as per MPEP 2123 II.
As applicants arguments are rendered moot the previous rejection of record over Shimozono is maintained.
Applicant has overcome the 112b rejection of claim 52 by the cancelation of the claim.
Applicant has canceled claim 52 and added claim 68, no new matter was added. Claims 1-6, 9-14, 17-22, 24, 27-38, 41-48, 51, 53-54 and 56-68 is pending. Claims 1-6, 9-14, 17-22, 24, 27-38, 41-48, 51, 53-54 and 56-68 are now evaluated on its merits.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 9-14, 17-22, 24, 27-38, 41-48, 51, 53 and 68 are rejected under 35 U.S.C. 103 as being unpatentable over Shomozono et al. (US Patent No. 20050171358).
Regarding claims 1-6, 9-14, 17-22, 24, 27-38, 41-48, 51, 53 and 68, Shomozono teaches a method for preventing plant diseases comprising substituted isoxazole alkylamine derivatives of formula 1
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and a pharmaceutical acceptable carrier (relevant to claims 11, 29 and 53) (para. 0012 and 0421). Of formula 1 Shomozono teaches R1 and R2 as H or a lower alkyl group (relevant to claims 9-10 and 27-29) (para. 0014), Y1 and Y2 as a cycloalkyl, phenyl, heteroaryl or aliphatic hetero ring which may be substituted (para. 0024, 0026). Shomozono additionally teaches formula 3
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with embodiments
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(relevant to claims 13-14, 37-38 and 51) (para. 0475),
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(relevant to claims 3-4, 24 and 36) (para. 0824),
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(relevant to claims 17-18 and 41-42) (para. 0884),
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(relevant to claims 19 and 43), Y1 as
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(relevant to claims 12 and 30-31) (compound 99),
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(relevant to claims 32-33) (para. 0589),
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(para. 1015), Y1 as
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(relevant to claims 34- 35) (compound 98), Y2 as
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(relevant to claim 44) (compound 188). The embodiments of Shomozono reads to the limitations of claims 1-2, 4-6, 20-22 and 45-48.
Shomozono additionally teaches Y2 as
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wherein the cycloalkyl is substituted (Table 2).
Therefore, it would have been obvious to someone of ordinary skill in the art at the time of filling to have developed compounds
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,
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. One would have been motivated to do so from the teachings of Shomozono of structure
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wherein Y1 is a heteroaryl substituted with CF3, R1 is H, R2 is a methyl and Y2 is an aliphatic heterocyclic or cycloalkyl. There is a reasonable expectation of developing compounds
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,
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and
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from the teachings of Shomozono.
Allowable Subject Matter
Claims 54 and 56-67 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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MIKHAIL O'DONNEL. ROBINSON
Examiner
Art Unit 1627
/MIKHAIL O'DONNEL ROBINSON/ Examiner, Art Unit 1627
/SARAH PIHONAK/ Primary Examiner, Art Unit 1627
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